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AAO EB-1A decision JUL012016_01B2203: Appeal arguments

AAO EB-1A decision JUL012016_01B2203: Appeal arguments

EB-1A appeal arguments — AAO decision JUL012016_01B2203: Appeal summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v); no high-salary criterion merits…

Decision summary: AAO decision JUL012016_01B2203: Appeal summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v); no high-salary criterion merits determination was made.

Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.

Scope classification from review: in_scope_eb1a_procedural_record; the disposition does not decide EB-1A criterion merits.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JUL012016_01B2203

Decision date as printed

July 1, 2016

Classification / field stated in source

Form I-140 extraordinary-ability classification under INA § 203(b)(1)(A) / EB-1A, as printed.

Procedural posture

Non-Precedent Matter of R-C-, appeal from Nebraska Service Center denial of an EB-1A petition by a painter. Petitioner challenged the Director’s high-salary finding and claimed additional evidence, but did not identify an erroneous conclusion of law or fact. AAO explains that the mere filing of Form I-290B without a specific error does not trigger criterion analysis.

Operative disposition

Appeal summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v); no high-salary criterion merits determination was made.

Final-merits status

not reached

What the AAO decision addressed

Appeal summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v); no high-salary criterion merits determination was made.

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

not reached

Membership

not reached

Published material about the person

not reached

Judging the work of others

not reached

Original contributions of major significance

not reached

Scholarly authorship

not reached

Artistic display or showcases

not reached

Leading or critical role

not reached

High salary or remuneration

not reached

Commercial success in the performing arts

not reached

Source holds and limits

["Director findings, petitioner/counsel assertions, and background history are not AAO merits determinations.", "No EB-1A criterion state is inferred from a procedural outcome."]

Specific caveats recorded by the reviewer

  • Director findings, petitioner/counsel assertions, and background history are not AAO merits determinations.

  • No EB-1A criterion state is inferred from a procedural outcome.

Source-cited findings recorded in review

  • p. 1, decision date, office and petition heading.

  • p. 2, procedural reasoning and operative ORDER.

How this record may be used in research

Comparison scope: Exclude identity/chronology-held cases. Verified cases may be grouped in a procedural index by distinct mechanism (mootness after adjustment, untimely motion, appeal standing, untimely appeal, summary dismissal); do not collapse these into substantive EB-1A denials.

Editorial use note: Procedural-only source-linked coverage after editorial review; preserve exact disposition.

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Awards research

  • Membership research

  • Published material about the person research

  • Judging the work of others research

  • Original contributions of major significance research

  • Scholarly authorship research

  • Artistic display or showcases research

  • Leading or critical role research

  • High salary or remuneration research

  • Commercial success in the performing arts research

  • Final Merits research

  • Summary Dismissal research

  • Untimely research

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Primary source

Official USCIS AAO decision PDF for JUL012016_01B2203